Welcome to MobBase!

Please carefully read the following important terms and conditions ("Terms of Service"). MixMatchMusic, Inc. ("MixMatchMusic") provides the website located at www.mobbase.com (the "Site") through which it develops iPhone applications (including, but not limited to any consulting services provided in connection therewith) ("Development Services") for Registered Users and through which such users can administer and maintain their Developed Applications (any and all of the foregoing, the "MobBase Services").

These Terms of Service govern your access to and use of the Site and MobBase Services, unless you have entered into a separate agreement with MixMatchMusic regarding iPhone applications. If you have entered into such an agreement, that agreement governs your access to and use of the Site and MobBase Services. These Terms of Service are a legal agreement between you and MixMatchMusic and apply to you whether you are a Registered User (defined below) or a visitor just browsing the Site (either, a "MobBase User"). These Terms of Service limit MixMatchMusic's liability and obligations to you, grant MobBase certain rights and allow MobBase to change, suspend, or terminate your access to and use of the Site and MobBase Services. "Developed Application" means any iPhone application developed as a result of the Development Services which includes the User Materials (defined below).

Please note that these Terms of Service do not govern your use of the websites MixMatchMusic.com and RemixWizard.com. Please see the separate terms and conditions which apply to use of those services and websites available at http://www.mixmatchmusic.com/terms

PLEASE NOTE THE FOLLOWING REGARDING THE MOBBASE SERVICES:

• Your use of the MobBase Services or submission of User Materials (defined below) does not mean that the Developed Application will be accepted and/or made available via the Apple iTunes Applications store.
• The Activation Fee (i.e., the fee you pay when you submit your User Materials) is non-refundable.
• If your Developed Application is rejected by Apple, MobBase will assist you with changing the Developed Application subject to certain limitations. We do not guarantee Apple will ever accept it. (See Section 4 below for further information).
• You may not engage MobBase Services using content that you do not own or otherwise have the right to use.
• Do not use the Site or MobBase Services if you are uncomfortable with these possibilities or any other terms and conditions in these Terms of Service. Please see the MobBase FAQs for further information about the Development Services.

YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, BY USING THE SITE, MOBBASE SERVICES OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR MOBBASE SERVICES. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A BUSINESS, INDIVIDUAL OR GROUP OF INDIVIDUALS (EACH A "REPRESENTEE") YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT REPRESENTEE TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF SUCH REPRESENTEE. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT REPRESENTEE ON WHOSE BEHALF YOU ARE ENGAGING THE MOBBASE SERVICES.

1. Eligibility and Registration.
   • Registered Users. In order to access certain features of the Site and MobBase Services, you must be a "Registered User". To become a Registered User you must create a MobBase account and be at least 18 years of age.
   • Account Information.
     • When you register you will be asked to choose a username and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party.
     • You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify MixMatchMusic of any unauthorized use of your password. You agree that the information that you provide upon registration, and at all other times will be true, accurate, current and complete and you will keep all contact information up to date.
     • The MobBase Privacy Policy contains information about MobBase's policies and procedures regarding the collection and use of personal information it receives from users of the Site and MobBase Services.
2. End Users and Usage Data.
   • On your behalf and in connection with your use of the Services, MixMatchMusic will collect certain tracking and usage data generated or provided by End Users, including but not limited to the personally identifiable information of End Users ("Usage Data"). An "End User" means a user of a Developed Application.
   • You agree to comply with all applicable laws with regard to your use of Usage Data, including but not limited to the CAN-SPAM Act of 2003. You will not transfer or disclose any Usage Data to any third party, except to your employees and subcontractors provided that each such employee and subcontractor is subject to a written agreement that includes binding confidentiality restrictions.
   • You are solely responsible for your interactions (including any disputes) with End Users and MixMatchMusic does not in any way screen End Users. MixMatchMusic may, but is under no obligation to, monitor or censor Usage Data, any comments made by End Users, or content provided by End Users and MixMatchMusic is not responsible for the accuracy, completeness, appropriateness, legality of Usage Data, or anything said, depicted, or written by End Users, and disclaims any and all liability relating thereto.
3. Fees and Payments.
   • Fees. Please see pricing for the rates at which the MobBase Services can be purchased which are incorporated herein by reference and are subject to change from time to time. Registered Users pay (i) a monthly hosting fee to administer and maintain the Developed Application via the MobBase Services ("Hosting Fee"), (ii) a monthly fee in connection with providing a Developed Application for sale via the MobBase Services ("Commerce Enabling Fee"); and (iii) a one time non-refundable development fee for the Development Services per Developed Application ("Activation Fee"). Registered Users can also pay a "Premium Support Fee" for the resubmission of a Developed Application with the assistance of a MobBase consultant. See Section 3 below for further information regarding the submission process. Additionally, Registered Users will be required to pay a "Refund Fee" if an End-User purchases a Developed Application and requests a refund for that purchase through the Apple iTunes Store; in the event of a refund request by an End-User, MobBase will issue the End-User a full refund, as required by Apple Inc., and will add the total fees paid for such End-User refunds to your monthly bill as "Refund Fees".
   • Payment. Except as otherwise stated in the price list/FAQs, all monthly fees are billed in advance on a monthly basis starting from the date the Developed Application is made available via the iTunes service ("Launch Date"). On the first day of every month, you will be billed for total fees incurred for your use of the MobBase Services in the previous month. Hosting Fees and Commerce Enabling Fees will be calculated daily, based on the aggregate number of installs your Developed Application has, and charged monthly as described herein. If you terminate your use of the MobBase Services prior to the end a month, you will be sent a bill for fees incurred prior to termination of MobBase Services.
     • All fees are non-refundable. No prorated refunds, credits will be provided under any circumstances. You agree to pay MixMatchMusic for all charges at the prices then in effect for use of the MobBase Services by you or other persons (including your agents) using your MobBase account, and you hereby authorize MobBase to collect fees by charging the credit card you provide as part of your MobBase account information, either directly or indirectly, via a third party online payment service such as PayPal or otherwise. In the event that you select other payment options that MobBase may offer in the future, you agree to pay MixMatchMusic for all charges within fifteen (15) days of receiving your invoice.
     • The MobBase Services may include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. You will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with your receipt or use of the MobBase Services.
4. Developed Applications.
   • No Warranty. MixMatchMusic does not affect whether any Developed Applications will be available via the Apple iTunes Store. Such availability is subject to an approval process entirely outside of MixMatchMusic's control. MixMatchMusic does not warrant or guarantee that any Developed Application will be accepted, will be made available, or will remain available, in the Apple iTunes Store. MixMatchMusic does not review or police the content of your User Materials or User Materials in general, nor does MixMatchMusic make editorial or managerial decisions related to your User Materials. You acknowledge and agree any that any assistance we provide to you via the Development Services or otherwise is at your direction.
   • Resubmission of Developed Applications. Subject to Section 2, in the event that your Developed Application is rejected by Apple, you may resubmit your Developed Application using the automated submission process via the MobBase Service as many times as you wish at no additional charge. If you request assistance from a MobBase consultant with resubmission of your Developed Application for review by Apple, MobBase will assist you with resubmitting your Developed Application up to five (5) times at no additional charge. Any resubmission with the assistance of a MobBase consultant thereafter will require the payment of the Resubmission Fee.
   • Affiliate Codes. If you choose to sell any of your User Materials through the Developed Application by requiring End-Users to click from the Developed Application to a third party retailer, you will be required to use MobBase's affiliate codes for such transactions with third party retailers. You agree not to modify, replace, or delete any MobBase affiliate codes in connection with the purchase of User Materials by End-Users through third party retailers.
   • Sale of Developed Applications. In the event that you choose to sell your Developed Application(s) in iTunes, the revenue that you earn from such sale will be credited against your monthly account balance, which will include the Hosting Fee, Commerce Enabling Fee, Premium Support Fee, and any other fees that you owe for MobBase Services in a given month as described in Section 3, once MixMatchMusic receives financial statements for the sale of your Developed Application(s) from Apple. If in a given month you have accrued, after payment of the monthly account balance, at least one-hundred ($100) dollars from the sale of your Developed Application(s) since its launch date in iTunes, MixMatchMusic will render payment to you via check or through PayPal, provided that Apple has rendered payment to MixMatchMusic for the sale of your Developed Application(s). If you terminate your MobBase account, as provided for herein, MixMatchMusic will render payment of any and all revenue you are owed from the sale of your Developed Application(s) since its launch date in iTunes, after payment of all fees in your account balance, within a reasonable time period after Apple has rendered payment to MixMatchMusic for the sale of your Developed Application(s) in iTunes.
5. Representative Entities. Without limiting any other terms of this Terms of Service, if you are an entity representing a Representee you acknowledge and agree that you are jointly and severally liable for all obligations of the Representee under this Agreement. You agree to defend, indemnify, and hold MixMatchMusic and its affiliates, subsidiaries, and distribution partners and their respective officers, directors, employees, and agents harmless from and against any third party claims, liabilities, damages, losses. and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with an alleged or actual breach by Representee of any of Representee's representations or warranties made under this Agreement.
6. Obligations under Third Party Agreements. If you have obligations to any third party, as non limiting examples, such as under the terms, conditions or policies of a multi-media online merchant or a social networking service, in either case that you choose to link to through your User Content or to provide User Materials, you and not MixMatchMusic are responsible for your compliance with those requirements. By allowing you to showcase and promote User Content via the Site or MobBase Services, MixMatchMusic does not suggest, warrant, or guaranty that your use of any content in connection with the Site or MobBase Services is allowed by that merchant, nor that your use complies with any laws or regulations that may apply to your use, provision or purchase of any content. MixMatchMusic is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations, or any contracts, rules, policies, or procedures applicable to your activities.
7. Proprietary Rights and Licenses.
   • Certain Definitions. "MixMatchMusic Materials" means (i) any text, data, graphics, images, photos, audio or video files, MixMatchMusic trademarks and logos and any other content made available via the Site and MobBase Services and (ii) any software programs or tools, utilities, technology, processes, inventions, devices, methodologies, specifications, documentation, techniques and materials of any kind used or developed by MixMatchMusic in connection with performing the Development Services, including all worldwide patent rights, copyright rights, moral rights, trade secret rights, know-how and any other intellectual property rights therein.
     "User Materials" means any text, data, graphics, images, photos, audio, or video and any other content that Registered Users post or upload through the Site or MobBase Services and any other materials required by MixMatchMusic to perform the MobBase Services, excluding any MixMatchMusic Materials.
   • License Grant to Registered Users. Subject to your compliance with the terms and conditions of these Terms of Service, MixMatchMusic grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access the MobBase Services, during the term of these Terms of Service, solely in connection with your use thereof. You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, MobBase Services, MixMatchMusic Materials, or any other content made available through the Site or MobBase Services or related products and services and, except as explicitly permitted herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, MobBase Services, MixMatchMusic Materials or any other content made available through the Site or MobBase Services (other than your User Materials). No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MixMatchMusic, except for the licenses and rights expressly granted in these Terms of Service.
   • License Grant to MixMatchMusic.
     • You retain all ownership of your User Materials. By uploading, posting, submitting, or otherwise transmitting any User Materials on or via the Site or MobBase Services you hereby grant to MixMatchMusic a non-exclusive, worldwide, royalty-free, sublicensable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access such User Materials in connection with the MobBase Services and MixMatchMusic's business including, without limitation, for promotion and redistributing part or all of the MobBase Services (and derivative works thereof), in any media formats, through any media channels or otherwise. For example, you grant MixMatchMusic the right to package your User Materials with the MixMatchMusic Materials to create the Developed Application, to make your User Materials available in connection with the Developed Application and to promote and market your Developed Application.
     • You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to MixMatchMusic. You acknowledge and agree that posting of or linking to your User Materials will comply with the MixMatchMusic Copyright and IP Policy as set forth in Section 6 below.
     • You acknowledge and agree that MixMatchMusic may, at its option, reclassify or recategorize any User Materials and establish or change limits concerning User Materials, including, without limitation, the maximum number of days that User Materials will remain available via the MobBase Services or on the Site, the maximum size of any files that may be stored on or uploaded to the Site or MobBase Services and the maximum disk space that may be allotted to you for the storage of User Materials on MixMatchMusic's servers. MixMatchMusic will have no responsibility or liability for maintaining (or failing to maintain) copies of User Materials on its servers, and you are solely responsible for creating back-ups of your User Materials.
   • Ownership. MixMatchMusic owns all right, title, and interest, including all worldwide intellectual property rights in the Site, MobBase Services, MixMatchMusic Materials, and any other content made available through the Site or MobBase Services contained therein, other than your User Materials.
8. Copyrighted Materials: No Infringing Use. You will not use the Site or MobBase Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. MixMatchMusic will terminate in appropriate circumstances the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the MobBase Copyright and IP Policy for further information.
9. Termination or Suspension of the Site or MobBase Services & Modification of these Terms of Service.
   • MixMatchMusic reserves the right in its sole discretion, at any time, to modify, discontinue, or terminate the Site or MobBase Services or to modify or terminate these Terms of Service without advance notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of the page. If any modification is not acceptable to you, your only recourse is to cease using the Site and MobBase Services, and if applicable, cancel your MobBase account. By continuing to use the Site or MobBase Services after MixMatchMusic has posted any modifications on the Site or provided any required notices, you are indicating that you agree to be bound by the modified Terms of Service.
   • If you breach these Terms of Service, MixMatchMusic will have the right to suspend or disable your MobBase account or terminate these Terms of Service, at its sole discretion and without prior notice to you. In addition, MixMatchMusic may notify authorities or take any actions it deems appropriate, without notice to you, if MixMatchMusic suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by MixMatchMusic (including, without limitation, if you infringe the copyrights of third parties via the Site or MobBase Services); or (ii) engaged in actions relating to or in the course of using the Site or MobBase Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse, or disruption for you, MobBase Users, MixMatchMusic, or any other third parties or the Site or MobBase Services.
   • You may terminate your MobBase account at any time and for any reason. Upon any termination by you, the related account will no longer be accessible and in the event that a Developed Application has been made available via the Apple iTunes Application Store such application will be removed from Apple iTunes Application Store, subject to Apple's policies and procedures. After any termination, you understand and acknowledge that all licenses and other rights granted to you by these Terms of Service will immediately cease. MixMatchMusic will not be liable to you or any third party for termination of the Site or MobBase Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION THAT YOU HAVE SUBMITTED VIA THE SITE OR SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, MixMatchMusic will have no obligation to maintain any information stored in its database related to your account or to forward any information to you or any third party.
   • The following provisions will survive any termination of these Terms of Services or suspension or cancellation of your MobBase account: Section 2, 3, 4, 5, 6, 7(a), 7(c)(ii), 7(d), 9(d), and 10 through 21. Notwithstanding the forgoing, after any termination of these Terms of Service or suspension or cancellation of your MobBase account the license you grant to MixMatchMusic under Section 5(c)(i) only survives for a reasonable amount of time to allow MixMatchMusic to remove your User Materials that are in its possession and control from its systems.
10. MobBase User Conduct. The Site and MobBase Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and MobBase Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site, MobBase Services, MixMatchMusic Materials, or User Materials:
    • Post, publish, or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    • Access, tamper with or use non-public areas of the Site, MixMatchMusic's computer systems or the technical delivery systems of MixMatchMusic's providers;
    • Modify, replace, or delete any MobBase affiliate codes in connection with the purchase of User Materials by End-Users through the Developed Application;
    • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
    • Attempt to access or search the Site, MixMatchMusic Materials, or MobBase Services with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by MixMatchMusic or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools.
    • Send unsolicited email, junk mail, "spam", chain letters, promotions, or advertisements for products or services;
    • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, MixMatchMusic Materials, MobBase Services or User Materials to send altered, deceptive or false source-identifying information;
    • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, MixMatchMusic Materials, MobBase Services or User Materials;
    • Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on MixMatchMusic's computer system, those systems of MixMatchMusic's providers, or otherwise use the Site, MixMatchMusic Materials, MobBase Services, or User Materials to attempt to distribute malware;
    • Impersonate or misrepresent your affiliation with any person or entity; or
    • Encourage or authorize any third party to engage in any of the forgoing prohibited activities.
11. Indemnification. You agree to defend, indemnify and hold MixMatchMusic and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and agents harmless from and against any third party claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, MobBase Services, MixMatchMusic Materials, User Materials; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that User Materials caused damage to a third party, including, without limitation, claims that your User Materials is infringing; or (v) your use of the Usage Data.
12. Disclaimer. THE SITE, MOBBASE SERVICES, MIXMATCHMUSIC MATERIALS AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR MOBBASE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND. MIXMATCHMUSIC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, MOBBASE SERVICES, MIXMATCHMUSIC MATERIALS AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR MOBBASE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, MIXMATCHMUSIC MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE, MOBBASE SERVICES, MIXMATCHMUSIC MATERIALS, USER MATERIALS OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR MOBBASE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) YOU WILL PROFIT OR DERIVE ANY ECONOMIC BENEFIT FROM YOUR USE OF THE SITE OR MOBBASE SERVICES; OR (III) A DEVELOPED APPLICATION WILL BE ACCEPTED BY APPLE AND/OR MADE AVAILABLE VIA THE APPLE ITUNES APPLICATION STORE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL MIXMATCHMUSIC OR ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR COSTS OF PROCURING SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, MOBBASE SERVICES, MIXMATCHMUSIC MATERIALS AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR MOBBASE SERVICES, INCLUDING, WITHOUT LIMITATION, INJURY, OR DAMAGES RESULTING FROM THE CONDUCT OF ANY END USER, ONLINE OR OFFLINE, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY WHETHER OR NOT MIXMATCHMUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MIXMATCHMUSIC WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY ERRORS RELATING TO THE SITE, MOBBASE SERVICES, MIXMATCHMUSIC MATERIALS, OR SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MIXMATCHMUSIC'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF SERVICE WILL NOT EXCEED THE GREATER OF (I) TWENTY FIVE DOLLARS $25 OR (II) THE TOTAL AMOUNT OF FEES PAID BY YOU TO MIXMATCHMUSIC IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM OR ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
14. Force Majeure. MixMatchMusic will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet, or extraordinary connectivity issues experienced by telecommunications providers or connectivity to the internet or failure at an MixMatchMusic co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, MixMatchMusic will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that MixMatchMusic may reasonably require to recover from the effects of such Force Majeure Event.
15. Relationship of the Parties; No Third Party Beneficiary. Notwithstanding any provision hereof, for all purposes of these Terms of Service each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract. You acknowledge and agree you are not a third party beneficiary of these Terms of Service or any other any agreement between MixMatchMusic and a third party (including, without limitation, the MixMatchMusic Remixer Agreement) and MixMatchMusic is under no obligation to enforce any such agreement and disclaims any and all liability relating thereto.
16. Notice; Consent to Electronic Notice. You consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service (including notices regarding the security of your data); and (b) electronic records to store information related to these Terms of Service and your use of the Site and MobBase Services. Any notice or other communication to be given hereunder will be in writing and given (x) by MixMatchMusic via email (in each case to the address that you provide), (y) a posting on the Site, or (z) by you via email to support@mobbase.com or to such other addresses as MixMatchMusic may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
17. Links to other Websites. The Site or MobBase Services may provide links to websites other than www.mobbase.com. Such links are provided for reference only, and MixMatchMusic neither controls such websites nor endorses any of the material on any such websites or any association with their operators. MixMatchMusic is not responsible for the activities or such sites, and has no liability to you for any harms, injuries, or losses you might suffer as a result of using or accessing such websites.
18. Non-Solicitation. During the term of these Terms of Services and for a period of twelve (12) months thereafter, Registered User will not recruit or otherwise solicit for employment any MixMatchMusic employees or subcontractors who participated in the performance of Development Services.
19. Assignment. You may not assign or transfer these Terms of Service (by operation of law or otherwise) without the prior written consent of MixMatchMusic and any prohibited assignment will be null and void. MixMatchMusic may assign these Terms of Service or any rights hereunder without your consent. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties' permitted successors and assigns.
20. Miscellaneous. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. These Terms of Service will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Service will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms of Service and the rules, restrictions and policies contained herein, and MixMatchMusic's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and MixMatchMusic. These Terms of Service together with the rules and policies of MixMatchMusic incorporated herein by reference constitute the entire agreement between MixMatchMusic and you with respect to the subject matter of these Terms of Service.
21. Questions. If you have questions about these Terms of Service please contact MixMatchMusic by emailing us at support@mobbase.com.